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DELHI HIGH COURT
C.HARI SHANKAR
Himalaya Drug Company – Appellant
Versus
Ashok Kumar – Respondent
| Table of Content |
|---|
| 1. waiver and exemption applications granted. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. issuance of summons and service of notice. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 3. plaintiffs' trademarks and goodwill established. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 4. plaintiffs' business operations and reputation detailed. (Para 28 , 29 , 30 , 31 , 32) |
| 5. allegations of fraudulent misrepresentation by defendants. (Para 33 , 34 , 35 , 36 , 37) |
| 6. evidence of defendants' deceptive practices. (Para 38 , 39 , 40 , 41 , 42) |
| 7. investigation reveals further fraudulent activity. (Para 43 , 44 , 45 , 46) |
| 8. ad interim injunction and court directions issued. (Para 47 , 48 , 49 , 50 , 51 , 52 , 53) |
ORDER
(Video-Conferencing)
I.A. 2900/2021 (Section 151 CPC)
1. For the reasons stated in the application, requirement of service of advance notice on the defendants is waived.
2. The application stands allowed and disposed of.
I.A. 2899/2021 (Section 151 CPC)
3. Subject to the plaintiffs filing legible copies of any dim documents, on which they seek to place reliance within a period of four weeks from today, exemption is granted for the present.
4. The applicati
Court affirmed the need for immediate injunction against unauthorized use of registered trademarks to prevent fraud and protect brand goodwill, recognizing the plaintiffs' established rights.
The court affirmed the plaintiffs' rights against infringement and passing off, validating their trademarks through established goodwill and allowing for summary judgment due to the defendant's non-a....
A court will grant an ex-parte ad-interim injunction in a trademark infringement and passing-off suit where the plaintiff establishes a long-standing reputation, a prima facie case of deceptive simil....
Prima facie case for grant of ex parte ad-interim injunction based on trademark infringement, passing off, and copyright infringement.
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